Case Information
*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 10/21/2015 4:50:03 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-15-00865-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 10/21/2015 4:50:03 PM CHRISTOPHER PRINE CLERK C ITY OF H OUSTON Annise D. Parker Mayor Legal Department Donna L. Edmundson City Attorney Legal Department City Hall Annex 900 Bagby, 4 th Floor T. 832.393.6491 F. 832.393.6259 www.houstontx.gov Via E-Filing
Hon. Christopher A. Prine, Clerk
Fourteenth Court of Appeals
301 Fannin Street, Room 245
Houston, Texas 77002
Re: 14-15-00865-CV; City of Houston, et al. v. Houston Municipal Employees
Pension System ; in the Court of Appeals for the Fourteenth District of Texas at Houston
Dear Mr. Prine:
We are in receipt of your correspondence dated October 20, 2015 to Mr. Blake
Hawthorne, Clerk of the Supreme Court of Texas, stating that Appellee
Houston Municipal Employee Pension System (“Appellee”) has requested that
the Supreme Court of Texas transfer this matter to the First Court of Appeals
under the procedure set forth in Miles v. Ford Motor Co. , 914 S.W.2d 135, 137
n.2 (Tex. 1995), which references section 73.001 of the Texas Government
Code. That statute allows the Supreme Court to order cases transferred from
one court of appeals to another when there is good cause. Tex. Gov’t Code
§ 73.001. Respectfully, Appellee’s motion was not filed under section 73.001 of the
Texas Government Code. Rather, Appellee sought transfer pursuant to Rules
1.5 of the Local Rules of both the Fourteenth and First Courts of Appeals
Council Members: Brenda Stardig Jerry Davis Ellen R. Cohen Dwight A. Boykins Dave Martin Richard Nguyen Oliver Pennington Edward Gonzalez Robert Gallegos Mike Laster Larry V. Green Stephen C. Costello David W. Robinson Michael Kubosh C.O. “Brad” Bradford Jack Christie Controller: Ronald C. Green
regarding transfer of related cases between the two appellate courts. [1]
Appellee’s request for transfer was directed to this Court, not to the Texas
Supreme Court, and it did not seek transfer under section 73.001 through the
procedure specified in Miles . See Miles , 914 S.W.2d at 137 n.2.
The City does not advocate for either appeals court to be assigned. However,
the City does object to institution of this process under section 73.001 when
Appellee has not sought such a transfer and the issue has not been briefed by
either side.
Sincerely,
Senior Assistant City Attorney cc: See attached Certificate of Service
Certificate of Service
I hereby certify that on this 21st day of October, 2015, a true and correct copy of the foregoing has been served on recipients below via e-service and/or
email:
Travis J. Sales Hon. Blake A. Hawthorne, Clerk
Rob Fowler The Supreme Court of Texas
Tina Q. Nguyen
B AKER B OTTS L.L.P. Austin, Texas 78711
One Shell Plaza blake.hawthorne@courts.state.tx.us
910 Louisiana Street
travis.sales@bakerbotts.com
rob.fowler@bakerbotts.com
tina.nguyen@bakerbotts.com
Thomas R. Phillips
98 San Jacinto Boulevard, Suite 1500
B AKER B OTTS L.L.P.
Austin, Texas 78701
tom.phillips@bakerbotts.com
Attorneys for Appellee Houston
Municipal Employees Pension System
[1] Appellee’s Motion to Transfer Venue (filed October 12, 2015). See also Local Rule 1.5(a), Fourteenth Court of Appeals Local Rules; Local Rule 1.5(a), First Court of Appeals Local Rules. Appellee’s reply brief also cites sections 22.202(h) and (i) of the Texas Government Code, which address, respectively, random assignment to either the Fourteenth or First Court and docket equalization through transfer by the clerks of the Fourteenth and First Courts from one court to the other—and do not support or authorize a transfer request directed to the Supreme Court or a transfer order by the Supreme Court. See Tex. Gov’t Code § 22.202(h) and (i).